Ordinance No. 946
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ORDINANCE NO. 946
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
3 OF VERNON AMENDING THE CODE OF THE CITY OF
VERNON, CALIFORNIA 1959 BY AMENDING SECTION
4 13 OF APPENDIX IV OF SAID CODE AND ADDING
A NEW CHAPTER 18A TO SAID CODE FOR THE
5 ESTABLISHMENT OF CONDITIONAL USE PERMIT
PROCEDURES FOR PUBLIC STORAGE FACILITIES
6 AND COGENERATION FACILITIES AND REPEALING
ANY ORDINANCES OR PARTS OF ORDINANCES IN
7 CONFLICT THEREWITH
8 WHEREAS, public storage facilities known as mini
9 warehouses have not been established within the City of Vernon
10 in the past; and
II WHEREAS, the approval and establishment of mini
12 warehouse facilities as compared to other public storage
13 facilities present unique risks to the general health, safety
14 and welfare of the community; and
15 WHEREAS, the establishment of cogeneration facilities
16 have not been established within the City of Vernon in the past;
17 and
18 WHEREAS, the establishment of cogeneration facilities
19 which generally are large scale electric power plants present
20 unique risks to the general health, safety and welfare of the
21 community; and
22 WHEREAS, the City of Vernon's administrative staff
23 and the affected departments have recommended that a conditional
24 use permit procedure be utilized which provides for the
25 establishment of mini warehouse facilities and cogeneration
26 facilities within the City of Vernon.
27 NOW, THEREFORE, THE CI~Y COUNCIL OF THE CITY OF VERNON
28 DOES ORDAIN AS FOLLOWS:
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SECTION 1: The City Council of the City of Vernon
hereby finds and determines that the recitals contained herein-
above are true and correct.
SECTION 2: The City Council of the City of Vernon
hereby amends Section 13 of Appendix IV of the Code of the City
of Vernon, California 1959 to read as follows:
Section 13. M zone.
In the M zone, the following regulations shall apply:
Permitted uses. In the M zone, no lot, building
or structure shall be used, erected, structurally altered or
enlarged except for business, commerce, industrial or residential
dwelling unit uses except that public storage facilities which
are used for mini warehouse and cogeneration facilities are
permitted subject to conditional use permits; provided, however,
that no lot, building or structure in the M zone shall be used,
erected, structurally altered or enlarged for any use specifi-
cally permitted in the MS 1, MS 2, MS 3 or MS 4 zones or for
any other use specifically prohibited by this ordinance.
SECTION 3: The City Council of the City of Vernon
hereby adds Chapter 18A to the Code of the City of Vernon,
California 1959 to read as follows:
CHAPTER 18A.
CONDITIONAL USE PERMITS
Sec. 18A.l. Uses permitted subject to conditional use
permit--Permitted when.
Uses listed in the zones or sections of this title as
permitted subject to conditional use permit may be so permitted
when such uses are necessary to the development of the community
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and are in no way detrimental to surrounding properties or uses
permitted in the zone and when such uses are deemed by the
Council to be essential or desirable for the public welfare
and convenience and in conformity with the general plan and its
objectives. In granting the permit, the City Council may
require certain safeguards and establish certain conditions to
protect the health, safety and general welfare. In granting
a conditional use permit under this subsection, the Council
shall prescribe such other property development standards as may
be necessary, which standards, as far as possible, shall conform
to the property development standards of the zone in which the
site is located. Uses existing on the effective date of the
ordinance codified in this title which are listed as permitted
in this title, subject to a conditional use permit, in the zone
in which they are located, may continue without securing such a
permit; however, any extension or expansion of such use shall
require a conditonal use permit.
Sec. 18A.2. Uses permitted subject to conditional use
permit--Additional standards.
Uses listed in the zones as "permitted subject to
conditional use permit" may be permitted subject to the
provisions of this chapter.
(a) Public storage facilities serving as mini
warehouses.
(1) No hazardous materials, including without
limitation, explosives, corrosives, ammunition, flammable
liquids, solvents, gasoline, chemicals or combustibles may be
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stored in the storage units, nor may any tenant engage in any
spray painting or sanding in the storage facility.
(2) All storage units shall be equipped with
landlord's lock. Food storage shall be limited to products that
are contained in cans or bottles.
(3) The landlord shall keep at all times a master
list of tenants and access to the units shall be granted only to
tenant or his agent when signature of those so authorized is on
file.
(4) All leases submitted by the public storage
facility to the tenants shall include the requirement for
periodic safety inspections by the City of Vernon.
(5) A landlord's representative shall be on the
premises at all times during normal business hours and a list of
all persons entering the building shall be maintained and made
available to City of Vernon Inspectors.
(6) The architectural character of the proposed
structures shall be based upon the appropriate use of sound
materials and upon the principles of harmony and proportion in
the element of the structures. The buildings shall always be
maintained in their original condition.
(7) All materials used along the street frontage
of the building face shall consist of an architectural type
masonry or concrete wall.
(8) Whenever a public storage facility is dis-
continued for a period of two hundred seventy (270) days or not
maintained in a suitable condition, the permit may be voided.
(9) All other police, fire, health and community
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I service department requirements not listed herein shall be
2 complied with.
3 (b) Cogeneration facilities.
4 (1) No building or structure shall be located
5 within ten (10) feet of any property line abutting a street
6 unless noted otherwise in this section. All such required yards
7 shall be landscaped and sprinklered in accordance with a plan
8 approved by the Community Services Department.
9 (2) The architectural character of the proposed
10 structures shall be based upon the appropriate use of sound
11 materials and upon the principles of harmony and proportion in
12 the element of the structures. The buildings shall always be
13 maintained in their original condition.
14 (3) Maximum Sound Level. The sound level shall
15 not exceed 65 dBA as measured at or at any point outside the
16 property lines of the property on which the noise source is
17 located, or the ambient environmental noise alternative may be
18 used, whereby, the maximum sound level shall not exceed the
19 equivalent sound level for eight (8) hours as measured at the
20 property lines on a normal weekday (work day) between the hours
21 of 8:00 a.m. and 4:00 p.rn. The noise source in question shall be
22 off during these measurements.
23 (4) Definitions:
24 "Ambient environmental noise" means the
25 intensity, duration, and character of sound from all sources
26 surrounding the place of measurement.
27 "Equivalent sound level" means the level of
28 a constant sound which, in a given situation and time period,
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has the same sound energy as does a time-varying sound, or it is
the level of the time-weighted, mean square, A-weighted sound
pressure. The time interval over which the measurement is taken
shall always be specified.
"Sound level" is the quantity in decibels
measured by a sound level meter satisfying the requirements of
American National Standards Specification for Sound Level Meters
Sl.4. The sound level meter shall be set at "A" weighting and
at "SLOW" dynamic characteristic. The unit of any sound level
is the decibel, having the unit symbol dB.
(5) The proposed distribution and transmission
conforms to the Federal Energy Regulatory Commission.
(6) The facility be deemed a qualifying facility
pursuant to the Federal Energy Regulatory Commission.
(7) The facility receive a permit from the South
Coast Air Quality Control District.
(8) The electric integration of the facility be
in accordance with the rules and regulations of the City of
Vernon Light and Power Department.
Sec. 18A.3. Application--Filing.
Application for a conditional use permit shall be filed
by the owner of the property for which the permit is sought, or
by the authorized representative of the owner.
Sec. l8A.4. Application--Form and contents.
Application shall be made to the City Administrator and shall be
full and ronplete, including such data as may be prescribed by the Council to
assist in determining the validity of the request. The applicant shall verify
the application and the date of verification shall be noted on the application.
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I Sec. 18A.5. Application--Not in scope.
2 In cases where the City Administrator considers the
3 reasons and conditions as set forth on the application not
4 within the scope of the conditional use permit or that the
5 application is incomplete, the applicant shall be so informed;
6 whereupon, if the application is filed and the fees are accepted,
7 the application shall be signed by the applicant to the effect
8 that he was so informed. Acceptance of an application does
9 not constitute an indication of approval.
10 Sec. 18A.6. Application--Filing Fee.
11 When the application for a conditional use permit is
12 filed, a uniform fee shall be paid for defraying the cost
13 incidental to the proceedings.
14 Such charges and fees to be rendered shall be those
15 which the City Council may from time to time determine, fix,
16 and establish by resolution duly and regularly adopted by it.
17 Such charges may be changed by the City Council from time to
18 time by resolution and shall respectively be applicable for
19 the respective periods designated or governed by such respective
20 resolutions.
21 Sec. 18A.7. City Council public hearing--Date and
22 Notice.
23 (a) The hearing date shall be set by the City
24 Administrator/City Clerk for not less than fifteen (15) nor more
25 than sixty (60) days after the filing of an application with the
26 Ci ty Administrator.
27 (b) Notice of public hearing shall be given in all the
28 following ways, and shall contain the time and place of the
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1 hearing and the location and proposed use of the subject
2 property:
3 (1) Notice shall be posted in three of the most
4 public places in the City of Vernon, to wit: the northwest
5 corner of 38th Street and Santa Fe Avenue; the northeast corner
6 of Leonis Boulevard and Pacific Boulevard, and on the bulletin
7 board in the lobby of the City Hall of said City, located at
8 4305 Santa Fe Avenue, all in the City of Vernon, County of
9 Los Angeles, State of California not less than ten (10) days
10 before the date set for the hearing.
11 (2) No less than ten (10) days prior to the
12 date of any hearing, the City Administrator shall cause a copy
13 of a notice containing the time and place of the hearing and
14 the location and proposed use of the subject property to be
15 mailed to the applicant and to all persons whose names and
16 addresses appear on the latest available assessment roll of
17 the county, or are known to the City Administrator, as owning
18 property within a distance of three hundred (300) feet from the
19 exterior boundaries of the subject property.
20 Sec. 18A.8. City Council public hearing--Decision.
21 (a) The Council shall, not less than fifteen (15) nor
22 more than sixty (60) days after the posting of the legal notice
23 of a public hearing on a conditional use permit application,
24 hold the public hearing.
25 (b) The Council shall announce its decision at a
26 regular meeting or scheduled special meeting within thirty (30)
27 days after the conclusion of the public hearing. The decision
28 shall approve, approve with stated conditions or disapprove the
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1 application and shall set forth the findings of the Council and
2 any such conditions, including a time limit for development,
3 deemed necessary to protect the health, safety and welfare of
4 persons in the neighborhood and in the City as a whole.
5 Sec. 18A.9. Council findings and conditions. The
6 Council in approving a conditional use permit shall find as
7 follows:
8 (a) That the site for the proposed use is adequate in
9 size and shape to accommodate the use and all yards, spaces,
10 walls and fences, parking, loading, landscaping and other
11 features required by this title to adjust the use with land and
12 uses in the neighborhood.
13 (b) That the site for the proposed use relates to
14 streets and highways adequate in width and pavement type to
15 carry the quantity and kind of traffic generated by the
16 proposed use.
17 (c) That the proposed use will have no adverse effect
18 on abutting property or the permitted use thereof.
19 (d) That the conditions stated in the decision are
20 deemed necessary to protect the public health, safety and
21 general welfare. Such conditions may include:
22 (1) Regulation of use,
23 (2) Special yards, spaces and buffers,
24 (3) Fences and walls,
25 (4) Surfacing of parking areas subject to city
26 specifications,
27 (5) Requiring street, service road and alley
28 dedications and improvements or appropriate bonds,
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(6) Regulation of points and vehicular ingress
and egress,
(7) Regulation of signs,
(8) Requiring landscaping and maintenance thereof,
(9) Requiring maintenance of the grounds,
(10) Regulation of noise, vibration, odors, etc.
(11) Regulation of time for certain activities,
(12) Time period within which the proposed use
shall be developed,
(13) Duration of use,
(14) And such other conditions as will make
possible the development of the city in an orderly and efficient
manner in conformity with the intent and purposes set forth in
this title.
Sec. 18A.IO. Time limit for development.
The Council may establish a time limit within which the
subject property and use shall be developed. The time limits
shall be reasonable, based on the size and nature of the proposed
development. The Council may grant one extension of time, not
to exceed one (1) year from the time limit specified without
public hearing. Any additional request for an extension of the
time limit shall be treated as a new application for a
conditional use permit.
Sec. 18A.ll. Voiding permits.
(a) The Council, with or without a recommendation
from the City Administrator, may by resolution, upon notice and
hearing as specified herein, void any conditional use permit for
noncompliance with the conditions set forth in granting the
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conditional use permit. Notice of intent to void specifying
the reasons therefor and containing a time and place of the
hearing shall be given to the permittee not less than twenty
(20) days before the specified date. Notice of public hearing
shall be given as provided in subsection (b) of Section 18A.7.
(b) Notification of the Council action shall be mailed
to the petitioner and shall include a copy of the Council
resolution specifying the reasons for voiding the conditional
use permit.
(c) If an established time for development expires,
the conditional use permit shall be considered void if no
extension of time, from the time specified, has been granted in
the manner provided for in Section 18A.IO.
Sec. 18A.12. Previously granted permits.
Any conditional use permit granted pursuant to any
zoning ordinance enacted prior to the effective date of the
ordinance codified in this title shall be construed to be a
conditional use permit under this title subject to all conditions
imposed in such permit unless otherwise provided herein. Such
permit may, however, be voided as provided in Section 18A.ll.
SECTION 4: That any ordinance or parts of ordinances
in conflict with this Ordinance are hereby repealed.
SECTION 5: If any section, subsection, sentence,
clause, or phrase or word of this Ordinance is for any reason
held to be void or unconstitutional, such decision shall not
affect the validity of the remaining portions of this Ordinance;
it being the intention of the City Council of the City of Vernon
to adopt and pass this Ordinance and each section, subsection,
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1 sentence, clause or phrase thereof irrespective of the fact that
2 one or more of the sections, subsections, clauses, sentences,
3 or phrases thereof may be declared void or unconstitutional.
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SECTION 6: There being no newspaper printed, published
5 or circulated in the City of Vernon, the City Clerk is hereby
6 directed to certify to the passage of this Ordinance and shall
7 post the same, or cause the same to be posted, in three (3) of
8 the most public places in the City of Vernon, to wit: the
9 northwest corner of 38th Street and Santa Fe Avenue; the
10 northeast corner of Leonis Boulevard and Pacific Boulevard, and
lIon the bulletin board in the lobby of the City Hall of said
12 City, located at 4305 Santa Fe Avenue, all in the City of Vernon,
13 County of Los Angeles, State of California; that this Ordinance
14 shall be in full force and effect thirty (30) days from and
15 after the passage of the same.
16 APPROVED AND ADOPTED this 17th day of January
17 1984
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ATTEST:
<~~/4d:J~
BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
SSe
2 COUNTY OF LOS ANGELES
3
4 I, BRUCE V. MALKENHORST, City Clerk of the City of
5 Vernon, do hereby certify that the foregoing Ordinance, being
6
Ordinance No.
, was duly and regularly introduced
946
7 at a regular meeting of the City Council of the City of Vernon,
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held on
JanEary 3, 1984
, and thereafter finally adopted
9 at a regular meeting of said City Council held on
January 17, 1984
, by the following vote:
AYES:
Councilmen Malburg , Ybarra, Gonzales, Davis,
McCormick
NOES:
Councilmen: None
ABSENT:
Councilmen: None
6~A'~
Bruce V. Ma1kenhorst, City Clerk
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AFFIDAVIT OF POSTING
2 STATE OF CALIFORNIA )
)
3 COUNTY OF LOS ANGELES) SS
)
4 CITY OF VERNON )
5 I, BRUCE V. MALKENHORST, City Clerk of the City
6 of Vernon, do hereby certify that I did, on the 23rd day of
7 January , 19~, post three (3) copies of ORDINANCE NO.946
Amending Section 13 of Appendix IV and adding a new chapter 18A,
8 Establishment of conditional use permit procedures for public st~a e
facilities and cogeneration facilities
9 one in each of the following places, to wit: At the northwest
10 corner of 38th Street and Santa Fe Avenue, at the northeast cor-
11 ner of Leonis Boulevard and Pacific Boulevard, and on the bulletin
12 board in the lobby of the City Hall of the City of Vernon, locat-
13 ed at 4305 Santa Fe Avenue, all in said City, there being no
14 newspaper of general circulation printed and published in the City
15 of Vernon.
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Signed this 23rd day of
January
, 19~.
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, C~ty C er<
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20 Subscribed and sworn to before me
this 23rd day of January l' 19l3i...
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~~~
Notary ub ic in n or the County 0
Los Angeles, State of California.
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